Ba'asyir Not a Terrorist
Friday, 22 December, 2006 | 13:31 WIB

TEMPO Interactive, Jakarta: The Supreme Court granted the judicial review from Abu Bakar Ba'asyir, the emir of the Indonesian Mujahidin Council (MMI). The Supreme Court's judicial review panel released the leader of Al-Mukmin Islamin Boarding School, Ngruki, Sukoharjo, from all the prosecution charges.

“The panel did not find any direct connection between Ba'asyir and the Bali Bombing I and JW Marriott bombing cases,” said the panel of judges' chairperson, German Hordiarto, when meeting with Tempo at his office yesterday (21/12).

German said the panel of judges examined the judicial review deposition, including the witnesses' statements . Based on the examination, the panel of judges did not find a direct order from Ba'asyir regarding the Bali Bombing I and bombing at JW Marriott Hotel, Jakarta. “In this context, yes, Ba'asyir is not found to be (a terrorist),” he said.

Ba'asyir proposed a judicial review on the appeal on August 3, 2005. At that time, Ba'asyir was sentenced to two years and six months imprisonment as being involved in Bali Bombing I. The verdict strengthened South Jakarta District Court's judgment in March, 2005. Ba'asyir was found guilty of conspiracy in the bombing case.

With the legal process, Ba'asyir was tried twice. The first case was at the Central Jakarta District Court for the tactics used and an immigration violation. The second trial was at the South Jakarta District Court for the cases of Bali Bombing I and bombing at the Marriott.

German said, based on witness deposition, it was revealed that Ba'asyir has actually come from Malaysia, the Philippines and visited the mujahidin (defenders of the faith) training camps there. But the visits were only for giving speeches. “There is not any (witness) who stated that Ba'asyir triggered the two bombings incident,” said German.

The verdict over the Ba'asyir case judicial review was acclaimed by five Supreme Court judges: German (chairperson), Artidjo Alkostar, Imron Anwari, Mansyur Kartayasa and Abdurrahman. According to German, there was not any dissenting opinion in the case. “All agreed to grant the judicial review,” said German.

Ba'asyir's lawyer, Achmad Michdan, said he was satisfied with the judgment. “This Supreme Court's decision is right and fair. There is still justice in this country,” he said.

According to Achmad, the judgment proved that from the beginning his client was not the Bali Bombing mastermind. Ever since the case was on trial, Achmad was certain that his client was innocent.

From Solo, Central Java, Ba'asyir conveyed his gratefulness to the panel of judges who tried his case. “That decision is right, alhamdullilah (Praise be to God). And of course I would like to thank the counsel and the judges. That's all of my comment.”

SUKMA LOPPIES | IMRON ROSYID